49 U.S. Code § 47115 - Discretionary fund

(a) Existence and Amounts in Fund.— The Secretary of Transportation has a discretionary fund. The fund consists of—

(1)amounts subject to apportionment for a fiscal year that are not apportioned under section
47114(c)–(e) of this title; and

(2)12.5 percent of amounts not apportioned under section
47114 of this title because of section
47114(f).

(b) Availability of Amounts.— Subject to subsection (c) of this section and section
47117(e) of this title, the fund is available for making grants for any purpose for which amounts are made available under section
48103 of this title that the Secretary considers most appropriate to carry out this subchapter.

(c) Minimum Percentage for Primary and Reliever Airports.— At least 75 percent of the amount in the fund and distributed by the Secretary in a fiscal year shall be used for making grants—

(1)to preserve and enhance capacity, safety, and security at primary and reliever airports; and

(1) For capacity enhancement projects.— In selecting a project for a grant to preserve and improve capacity funded in whole or in part from the fund, the Secretary shall consider—

(A)the effect that the project will have on overall national transportation system capacity;

(B)the benefit and cost of the project, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;

(C)the financial commitment from non-United States Government sources to preserve or improve airport capacity;

(D)the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B);

(E)the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and

(F)the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport.

(2) For all projects.— In selecting a project for a grant under this section, the Secretary shall consider among other factors whether—

(A)funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and

(B)the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later.

(e) Waiving Percentage Requirement.— If the Secretary decides the Secretary cannot comply with the percentage requirement of subsection (c) of this section in a fiscal year because there are insufficient qualified grant applications to meet that percentage, the amount the Secretary determines will not be distributed as required by subsection (c) is available for obligation during the fiscal year without regard to the requirement.

(f) Consideration of Diversion of Revenues in Awarding Discretionary Grants.—

(1) General rule.— Subject to paragraph (2), in deciding whether or not to distribute funds to an airport from the discretionary funds established by subsection (a) of this section and section
47116 of this title, the Secretary shall consider as a factor militating against the distribution of such funds to the airport the fact that the airport is using revenues generated by the airport or by local taxes on aviation fuel for purposes other than capital or operating costs of the airport or the local airports system or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property.

(2) Required finding.— Paragraph (1) shall apply only when the Secretary finds that the amount of revenues used by the airport for purposes other than capital or operating costs in the airport’s fiscal year preceding the date of the application for discretionary funds exceeds the amount of such revenues in the airport’s first fiscal year ending after August 23, 1994, adjusted by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

(g) Minimum Amount To Be Credited.—

(1) General rule.— In a fiscal year, there shall be credited to the fund, out of amounts made available under section
48103 of this title, an amount that is at least equal to the sum of—

(A)$148,000,000; plus

(B)the total amount required from the fund to carry out in the fiscal year letters of intent issued before January 1, 1996, under section
47110(e) of this title or the Airport and Airway Improvement Act of 1982.

The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section
47114 of this title and that remain available for obligation.

(2) Reduction of apportionments.— In a fiscal year in which the amount credited under subsection (a) is less than the minimum amount to be credited under paragraph (1), the total amount calculated under paragraph (3) shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals such minimum amount.

(3) Amount of reduction.— For a fiscal year, the total amount available to make a reduction to carry out paragraph (2) is the total of the amounts determined under sections
47114(c)(1)(A),
47114(c)(2),
47114(d), and
47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction.

(h) Priority for Letters of Intent.— In making grants in a fiscal year with funds made available under this section, the Secretary shall fulfill intentions to obligate under section
47110(e).

(i) Considerations for Project Under Expanded Security Eligibility.— In order to assure that funding under this subchapter is provided to the greatest needs, the Secretary, in selecting a project described in section
47102(3)(J)[1] for a grant, shall consider the non-federal [2] resources available to sponsor, the use of such non-federal [2] resources, and the degree to which the sponsor is providing increased funding for the project.

(j) Marshall Islands, Micronesia, and Palau.— For fiscal years 2012 through 2015, the sponsors of airports located in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau shall be eligible for grants under this section and section
47116.

In subsection (a), before clause (1), the words “The Secretary of Transportation has a discretionary fund” are added for clarity. In clause (1), the words “subject to apportionment for a fiscal year” are substituted for “which are made available for a fiscal year under section
2204 of this Appendix” and “which have not been previously apportioned by the Secretary” for consistency with section 47114 of the revised title.

In subsection (c), before clause (1), the words “Subject to section
2207(d) of this Appendix and paragraph (4) of this subsection” and “pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after September 30, 1987” are omitted as surplus.

In subsection (d), before clause (1), the words “at airports” are omitted as surplus. In clause (3), the words “airport operator or other” are omitted as surplus.

In subsection (e), the words “submitted in compliance with this chapter” and “portion of” are omitted as surplus.

In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 699) is omitted as executed.

Pub. L. 104–287, § 5(81)(A)

This sets out the date of enactment of 49:47115(f), as enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1576).

Pub. L. 104–287, § 5(81)(B)

This redesignates 49:47115(f), as enacted by section 6(67) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4386), as 49:47115(g).

References in Text

The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§ 2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, § 7(b),July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.

2011—Subsec. (j). Pub. L. 112–30substituted “fiscal years 2004 through 2011, and for the portion of fiscal year 2012 ending before February 1, 2012,” for “fiscal years 2004 through 2010, and for the portion of fiscal year 2011 ending before September 17, 2011,”.

Pub. L. 111–69inserted “and for the portion of fiscal year 2010 ending before January 1, 2010,” after “2009,”.

Pub. L. 111–12substituted “2009,” for “2008, and for the portion of fiscal year 2009 ending before April 1, 2009,”.

2008—Subsec. (j). Pub. L. 110–330inserted “and for the portion of fiscal year 2009 ending before April 1, 2009,” after “2008,”.

Pub. L. 110–253substituted “fiscal years 2004 through 2008,” for “fiscal years 2004 through 2007,”.

2003—Subsec. (d). Pub. L. 108–176, § 148, amended subsec. (d) generally. Prior to amendment, subsec. (d) listed six things the Secretary was required to consider in selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of this section.

Subsec. (b). Pub. L. 106–6, § 8(a)(2), struck out at end “However, 50 percent of amounts not apportioned under section
47114 of this title because of section
47114(f) and added to the fund is available for making grants for projects at small hub airports (as defined in section
41731 of this title).”

Subsec. (g)(4). Pub. L. 106–6, § 5, which directed the amendment of section
47115(g) by striking paragraph (4), without specifying the Code title to be amended, was executed by striking heading and text of par. (4) of subsec. (g) of this section, to reflect the probable intent of Congress. Text read as follows: “For a fiscal year in which the amount credited to the fund under this subsection exceeds $300,000,000, the Secretary shall allocate the amount of such excess as follows:

“(A) 1/3 shall be made available to airports for which apportionments are made under section
47114(d) of this title.

“(B) 1/3 shall be made available for airport noise compatibility planning under section
47505(a)(2) of this title and for carrying out noise compatibility programs under section
47504(c)(1) of this title.

“(C) 1/3 shall be made available to current or former military airports for which grants may be made under section
47117(e)(1)(B) of this title.”

1996—Subsec. (d)(2). Pub. L. 104–264, § 145(a)(1), substituted “, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;” for “; and”.

Subsec. (f). Pub. L. 104–287, § 5(81)(B), which directed that subsec. (f), as enacted by Pub. L. 103–429, be redesignated (g), could not be executed because of amendment by Pub. L. 104–264, § 122, which struck out that subsec. See below.

Pub. L. 104–264, § 122, struck out subsec. (f), relating to minimum amount to be credited, which read as follows:

“(f) Minimum Amount To Be Credited.—(1) In a fiscal year, at least $325,000,000 of the amount made available under section
48103 of this title shall be credited to the fund. The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section
47114 of this title and that remain available for obligation.

“(2) In a fiscal year in which the amount credited under subsection (a) of this section is less than $325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals $325,000,000.

“(3) For a fiscal year, the total amount available to reduce to carry out paragraph (2) of this subsection is the total of the amounts determined under sections
47114(c)(1)(A) and (2) and (d) and
47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction.”

Amendment by Pub. L. 108–176applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 ofPub. L. 108–176, set out as a note under section
106 of this title.

Except as otherwise specifically provided, amendment by Pub. L. 104–264applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 ofPub. L. 104–264, set out as a note under section
106 of this title.